Landlord Guide to Renting in Oregon

Oregon permits both oral and written rental agreements. A rental agreement is defined under ORS § 90.100(40) as any agreement governing the use and occupancy of a dwelling unit and premises. Written leases are strongly recommended. Some tenant protections under ORS Chapter 90 apply regardless of what the lease says.

• Oral agreements are enforceable but written leases are strongly recommended for clarity and enforceability
• Lease provisions that waive tenant rights under Oregon law are void and unenforceable (ORS § 90.245)
• Fixed-term leases of one year or more may include an early termination penalty, but it is capped at 1.5 months' rent (ORS § 90.302(2)(e))
• Month-to-month tenancies arise when no fixed term is specified or when a fixed-term lease expires without renewal

Oregon does not set a statutory maximum for security deposits, but landlords must account for prepaid rent separately from the security deposit. The handling and return of deposits is governed by ORS § 90.300. Landlords are required to conduct a move-in condition inspection and provide a written record.

• No statutory cap on security deposit amount, though deposits are typically one to two months' rent
• Deposits must be held in a trust account or be covered by a surety bond if the landlord owns more than four units (ORS § 90.300(11))
• The landlord must provide a written statement of the condition of the premises at the time of move-in (ORS § 90.300(3))
• Prepaid rent (last month's rent) must be accounted for separately from the security deposit (ORS § 90.300)

Oregon imposes extensive disclosure requirements on landlords. These must typically be provided in writing before or at the commencement of the tenancy.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Carbon monoxide alarm information and smoke alarm compliance (ORS § 90.316 and ORS § 90.317)
• Flood zone disclosure if the property is located in a 100-year flood plain (ORS § 90.228)
• Disclosure of the owner's or agent's name, address, and telephone number (ORS § 90.305)
• Surrounding marijuana grow operations, mold, and meth contamination disclosures if known (ORS § 90.367, § 90.368)

Rent is due on the date specified in the rental agreement. Oregon law provides specific protections around late fees, and landlords must offer a mandatory grace period for late rent before charging fees.

• Rent is due on the date specified in the rental agreement
• A grace period of at least 4 days is required before a late fee can be assessed (ORS § 90.260(1))
• Late fees may not exceed a reasonable amount; a single late charge of 5% of the monthly rent is presumed reasonable, and daily late charges are capped at 5% of a reasonable flat late charge (ORS § 90.260(2))
• Landlords cannot charge a fee for issuing a notice of termination for nonpayment (ORS § 90.260(5))

Oregon landlords must maintain the premises in a habitable condition under ORS § 90.320. The statutorily defined obligations are detailed and cover structural integrity, essential services, and safety standards.

• Comply with all applicable building and housing codes materially affecting health and safety (ORS § 90.320(1)(a))
• Maintain the structural components including roofs, floors, walls, chimneys, and foundations in good repair (ORS § 90.320(1)(d))
• Keep all plumbing, electrical, heating, and ventilating systems in good working order (ORS § 90.320(1)(b))
• Supply running water, reasonable amounts of hot water, and heating facilities at all times (ORS § 90.320(1)(c))

Oregon law requires landlords to give at least 24 hours' written notice before entering a tenant's dwelling unit for non-emergency purposes. Entry must be at reasonable times (ORS § 90.322).

• At least 24 hours' written notice is required for non-emergency entry (ORS § 90.322(1))
• Entry must be at reasonable times, generally between 8 a.m. and 6 p.m. unless the tenant agrees otherwise
• Permitted purposes include inspections, repairs, pest control, showings to prospective tenants or buyers, and agreed-upon services
• Emergency entry is permitted without notice when there is an imminent threat to health, safety, or property

Oregon enacted statewide rent stabilization in 2019 under ORS § 90.323. Landlords may not increase rent by more than 7% plus the annual Consumer Price Index (CPI) within any 12-month period. Certain exemptions apply to newer construction and subsidized housing.

• Rent increases are capped at 7% plus CPI per year (ORS § 90.323(2)); the maximum allowable percentage is published annually by the Oregon Department of Administrative Services
• Properties less than 15 years old are exempt from the rent cap (ORS § 90.323(6))
• At least 90 days' written notice is required before a rent increase takes effect (ORS § 90.323(3))
• Rent cannot be increased during the first year of a month-to-month tenancy (ORS § 90.323(4))

Oregon requires written notice to terminate periodic tenancies. The notice periods vary based on the type of tenancy and the reason for termination. Oregon also imposes significant restrictions on no-cause terminations for month-to-month tenancies.

• Month-to-month tenancy (landlord-initiated, with cause): 30 days' written notice for cause-based terminations such as lease violations (ORS § 90.392)
• Month-to-month tenancy (landlord-initiated, no-cause): 90 days' written notice; only available during the first year of occupancy or in certain qualifying circumstances (ORS § 90.427)
• Nonpayment of rent: 72 hours' notice in the first year; 144 hours' notice after the first year (ORS § 90.394)
• Tenant termination of a month-to-month tenancy: 30 days' written notice (ORS § 90.427(1))

Evictions in Oregon are filed as Forcible Entry and Detainer (FED) actions in the local circuit court. Landlords must follow strict procedural requirements under ORS §§ 105.105–105.168. Only a court-ordered eviction carried out by the sheriff is lawful.

• Serve the required notice (72/144 hours for nonpayment, 30 days for cause, or 90 days for no-cause where available)
• If the tenant does not comply, file a Forcible Entry and Detainer complaint in circuit court (ORS § 105.110)
• The court schedules a first appearance within 7 days of filing; trial is within 15 days of first appearance (ORS § 105.135)
• If judgment is entered for the landlord, the sheriff executes the writ of restitution (ORS § 105.151)

Under ORS § 90.300(7), the landlord must return the security deposit within 31 days after the tenancy terminates and the tenant provides a forwarding address. An itemized written accounting of all deductions must accompany the return.

• Return deadline: within 31 days after the tenancy terminates and the tenant delivers possession and provides a forwarding address (ORS § 90.300(7))
• An itemized written accounting of deductions must be provided to the tenant
• Permissible deductions: unpaid rent, repair of damages beyond normal wear and tear, cleaning necessary to restore the unit to move-in condition
• If the landlord fails to return the deposit or provide an accounting within 31 days, the tenant may recover up to twice the deposit amount plus attorneys' fees (ORS § 90.300(16))